The law prohibits employers from discriminating against you based on your previous workers’ compensation claim history. You are allowed to collect workers’ compensation benefits if you get hurt on the job. As such, employers cannot hold this against you. However, some companies might use some pretext to deny your employment when the real reason was your workers’ compensation claim–because you may be considered a liability.
If you think an employer has discriminated against you because of a claim you filed, a workers’ compensation lawyer from Kogan & DiSalvo is ready to help you secure the compensation you deserve while protecting your future employability. Schedule a free consultation with us; we are happy to answer your questions.
Prohibitions against workers’ compensation claim discrimination
The law in Florida is clear—an employer or prospective employer cannot fire you or otherwise penalize you based on your filing of a workers’ compensation claim. According to Florida Statute 440.205:
“[n]o employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law.”
It is helpful to look at the specific wording in the statute. The first thing worth noting is that you are protected from more than termination. Even a threat designed to intimidate you into not pursuing a workers’ compensation claim could violate your rights. This includes attempts to coerce you into not filing your claim. If your employer takes these actions against you, you could have the right to seek compensation through a retaliation lawsuit.
Employees can be terminated for ‘just cause”
Many companies are savvy in navigating employment law. They are aware that discriminating against you based on a previous workers’ compensation law is illegal, but there are other pretexts they could use to penalize you. The critical thing to remember is that Florida is a right-to-work state. It means an employer can terminate your employment for cause, even if you are in the process of filing a workers’ compensation claim. However, losing your job over an issue that would not jeopardize most workers’ employment is a good example of possible discrimination.
Contact Kogan & DiSalvo for a free consultation
It is vital for you to seek out legal counsel when you are injured on the job. Not only can an attorney help you with your claim, but they could also advise you on your options in case your employer has discriminated against you. Schedule a free case evaluation today, there is no obligation to hire us. In addition, we work on a contingency basis, so there are no upfront legal fees.